Germany: Bundestag to vote on gender self-determination law

Germany's lower house of parliament, the Bundestag, is expected to vote on Friday on a law — the Self-Determination Act— that would simplify the procedure of changing one's gender identity and first name at government registry offices.

Currently, expert evaluations and a court decision are necessary if someone wants to change their gender.

Friday also saw the approval of a draft bill that allows married couples to take a double name.

What is the Self-Determination Act?
Under the current transsexual law, people may officially change their first name and gender only after they have been assessed by two psychiatrists and a court has given permission.

The Self-Determination Act would allow these changes to be made in a simple procedure.

The draft defines a trans person as someone who does not identify with the gender they were assigned at birth, or not solely with that gender.

The new law would also apply to those who not identify exclusively as male or female, termed non-binary people.

The law would require people to inform registry offices three months in advance of the changes to be made.

In the case of those under the age of 14, only the legal representative of the person would be able to lodge the application. Those over 14 can lodge the application themselves with the approval of their legal representatives. If the approval is not given, a family court can approve the changes if the change in the official gender and the first name "do not go against the child's well-being."

The new legislation would allow the operators of facilities such as gyms and changing rooms for women to continue to decide who has access to them.

The Bundestag will vote on the law by roll call.

With the new law, Germany would be following the example of Spain, which in early 2023 passed a law allowing people over 16 years of age to change their legally registered gender without any medical supervision.

What are the criticisms of the law?
The law has come under fire from conservatives and most notably from the far-right Alternative for Germany (AfD) party, which says it will allow people to change their genders arbitrarily.

The Christian Social Union (CSU), the Bavarian sister party of the opposition conservative Christian Democrats (CDU), is one grouping that opposes changes to the current law.

The CSU's spokeswoman on family affairs, Dorothee Bär, told broadcaster ARD that the law "was not thought through from start to finish" and would "lead to many upheavals in families."

Bär said those wishing to change their official gender should be obliged to have counseling first, saying that the new legislation would open "the way to abuse."

She did, however, concede that applicants for gender change should not have to face "humiliating" questions such as those about "sexual preferences and such things." But Bär said the people concerned had to be shown clearly what consequences their decision would have.

The deputy chair of the conservative CDU/CSU bloc, Andrea Lindholz, told broadcaster WDR 5 that the new law could be abused for criminal purposes, as it no longer required those changing their names and genders to register them with police.  

"If someone really wants to, they have it very easy in future," said Lindholz. "They look for a new place to live, they go to the registry office, they change their gender and name, and then they have a new identity."\

 Double names for married couples
During Friday's session, the Bundestag approved a law giving married couples and their children more freedom to choose and change their last names.

Currently, married couples in Germany must choose a joint family name for both spouses. If they do not do so, they retain the surnames they had before the marriage.

The new law allows married couples to take a double name made up of their combined last names, usually, but not necessarily, joined with a hyphen.

This double name will also be the birth name of any children born to the couple, unless the parents have decided on a birth name.

In the case of a divorce, children will be able to change their name if one of the parents does. Up to now, children have had to keep the name they had at birth even if they live with a parent who has dropped the married name, unless a court decided this went against the child's well-being.